Consequences Of Increased Vetting Of H-1B Visas—And What Entrepreneurs Can Do About It

Vetting H-1B Visas

What entrepreneurs need to know and what they can do about the changes in vetting H-1B visas. H-1B Visas are awarded annually on a lottery basis from among a pool in excess of 200,000 applicants. The Washington Postreports that, for the first time in several years, the number of awarded H-1B Visas has fallen by27,000, according to statistics from the U.S. Citizenship and Immigration Services. And the current reduction in highly specialized imported workforce does complicate things for tech-dependent companies, such as those in Silicon Valley.

The U.S. Tech Industry’s Reliance on Immigrant IT Professionals

Fifty-seven percent of Silicon Valley STEM workers with a B.A. or higher degree are immigrants. But Silicon Valley is not the only tech-heavy area that relies on skilled immigrant IT professionals. The U.S. Department of Labor reports that computer giant IBMapplied for 12,381 H-1B visas in 2017, while Microsoftand Google applied for a combined 9,926 H-1B Visas. Between the years 2010 and 2016, nearly a third of H-1B Visas were granted to New York City area businesses.

What are Some of the New Restrictions on H-1B Visas?

An increase in vetting H-1B Visas is intended to curb abuses of the past system, as well as make sure that recipients of these visas are qualified. Therefore, a number of new restrictions have been put into place, such as:

Companies now have to provide specific work duties, including dates of employment and workplace locations for visa holders.

Applicants will have to supply cell phone numbers, email addresses and social media identifiers.

Companies will have to pay employees awarded with H-1B Visas a minimum salary of $90,000(instead of the previous minimum of $60,000).

What Can Entrepreneurs Do About The Increased Vetting Of H-1B Visas?

The new rules might be frustrating for immigrants and hiring companies accustomed to previous thresholds.

Ensure that you have a competent immigration attorney who is experienced and up to date with current policies regarding H-1B Visas.

Work within the system, not against it. Your chances of being approved, and being able to enjoy continued employment in the U.S. rely on total compliance with the regulations.

Obtain all necessary documentation well in advance. Requests for evidence” (RFEs), asking for more documentation and proof, were up 44% in 2017, compared to previous years. The better prepared you are for your application and subsequent acceptance, the higher your chances are for success.

If you have questions about H-1B Visas, or your rights as an immigrant, please contact Zanes Law at 866-499-8989.